Opinion
Case No. 12-11302
04-11-2012
DENNIS CLEVELAND, Plaintiff, v. SANTANDER CONSUMER USA INC., and EQUIFAX INFORMATION SERVICES, LLC, Defendants.
Hon. John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
On March 23, 2012, Plaintiff filed his complaint alleging the following counts: Count I, Fair Credit Reporting Act; Count II, intentional infliction of emotional distress; Count III, negligence; Count IV, negligence per se; Count IV (sic), defamation by libel; Count V, malicious statutory libel; and Count VI, Fair Credit Reporting Act. Plaintiff does not allege diversity jurisdiction. Although violations of the Fair Credit Reporting Act are cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations present claims based on state law. This court declines to exercise supplemental jurisdiction over Plaintiff's state law claims so as to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 383 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994).
Accordingly, IT IS HEREBY ORDERED that Plaintiff's state law claims are DISMISSED.
John Corbett O'Meara
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, April 11, 2012, using the ECF system.
William Barkholz
Case Manager